Notice Of Hearing On Application For Attorney Fees Page 16
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52stating: (1) that a sign was placed on the property; (2) the required notice
was given to the defendants at least three (3) weeks prior to the date of
sale, and (3) the notice conforms to Civ. R. 4.1.
C.
When an order of private sale is required, excepting those cases where the
consent of all necessary parties to the proceedings has been filed or cases
involving the sale of fractional interest, then the complainant shall be
required, by affidavit or testimony under oath, to establish: (1) whether or
not the sale has been the subject of prior negotiations; (2) the amount
offered for the sale of the property; (3) the appraised value in the land sale
proceedings; (4) the identity of the prospective purchaser and counsel, if
any; (5) whether or not the proposed transaction will be, or has already
been, placed in escrow; and (6) the identity of the escrow agent.
D.
The Court may, in its discretion, appoint a disinterested person,
answerable to the Court, who shall investigate the circumstances
surrounding the proposed transaction, view the property, ascertain whether
the proposed sale is justified, and report his findings in writing. The report
shall be a part of the record. The compensation for the person performing
these services shall be fixed by the Court, according to the circumstances
of each case, and shall be taxed as costs.
E.
In all land sale proceedings involving the sale of real estate owned by the
ward under guardianship, service of process on the ward is required and
may not be waived.
F.
Confirmation of sale must be filed before the case can be closed.
16
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